Nanaimo Courthouse (News Bulletin file)

Nanaimo Courthouse (News Bulletin file)

Teacher tells B.C. Supreme Court that student was ‘happy’ to watch smudging ceremony in classroom

Case being heard in Nanaimo over indigenous cultural practice in Port Alberni classroom

The teacher accused of forcing one of her students to participate in an indigenous smudging ceremony told B.C. Supreme Court in Nanaimo that the allegation is a lie.

Candice Servatius, an evangelical Christian, is claiming her daughter’s rights to religious freedom were infringed on when she was forced to participate in a Nuu-chah-nulth smudging ceremony at Port Alberni’s John Howitt Elementary School in September 2015.

Servatius alleges that her daughter expressed a desire to leave the room but was told by her teacher that it would “be rude” to opt out, according to court documents.

RELATED: Student tells Nanaimo courtroom she wasn’t allowed to leave indigenous smudging ceremony

On Nov. 20, Jelena Dyer, who was the teacher when the ceremony took place, was cross-examined by Servatius’s lawyer, Jay Campbell of the Justice Centre for Constitutional Freedoms.

“I take great offence to being accused of coercing a child and being accused of violating a child’s rights. That hurts me to the core,” Dyer said.

She told the court that on the day in question, there were between 29 and 30 students in her class and that when the smudging ceremony occurred, the Nuu-chah-nulth elder explained what was happening and how it was important to her and her people.

“She was actually quite skilled at explaining, I took particular note of that, how she was able to explain every single time, this is what her people believe, ‘our understanding, our knowledge, this is what we believe,’” she said, later adding that it was clearly communicated to everyone in the room that there was no intent to “impress” Nuu-chah-nulth’s beliefs upon the students or adults present.

Dyer said that the closest any of the students would have been to the burning sage was about a metre and that there was “barely” any smoke.

“At no point was there excessive smoke in the room,” she said. “I understand the fire code, we were actually quite concerned that any actual sort of smoke coming from the sage would set off the fire alarm, so we took great care to ensure that there was very, very little smoke coming out.”

During the ceremony, Dyer said Servatius’s daughter didn’t express any concerns, either orally or physically.

“I remember she was sitting in the front row very happy to watch the entire demonstration, enthusiastically,” Dyer said.

Dyer said students were given the opportunity to leave the room during ceremony and that some did, but Servatius’s daughter wasn’t one of them.

“She did not request to leave the room, she was a very quiet student,” Dyer said. “She sat, observed, didn’t say a word. Didn’t say she was upset with me, didn’t communicate [using] body language that she was upset at any time.”

RELATED: ‘Our culture is not a religion,’ indigenous educator tells Nanaimo court in case of smudging at school

Dyer also said she never heard from Servatius’s daughter about the ceremony at all.

“At no point did she get up out of her desk. At no point before, during, or after did she speak to me about the cleansing,” Dyer said.

Servatius is seeking a court-ordered ban on smudging at B.C. public schools. The case has been taking place all week in B.C. Supreme Court in Nanaimo.







nicholas.pescod@nanaimobulletin.com 
Like us on Facebook and follow us on Twitter and Instagram

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Metchosin council introduced a bylaw at a special council meeting Wednesday, which, if approved, would limit further subdivision of a 40-acre portion of the Boys and Girls Club property. The proposed bylaw amendment will come to public hearing on March 15. (Black Press Media file photo)
Metchosin council introduces bylaw to limit subdivision of Boys and Girls Club property

Proposed bylaw amendment will come to public hearing on March 15

Ownership of SISȻENEM — also known as Halibut Island located east off Sidney Island — has transferred to W̱SÁNEĆ Leadership Council after The Land Conservancy of British Columbia (TLC) had purchased the island for $1.55 million. (The Land Conservancy/Submitted)
SISȻENEM (Halibut Island) transfers to W̱SÁNEĆ Leadership Council under historic agreement

The Land Conservancy purchased the 9.67-acre island for $1.55 million with help from unnamed donor

Shannon Davis, manager at Sidney’s Star Cinema, holds up the largest available bag of popcorn available for sale at the theatre. It also also sells four smaller sizes in generating revenue following its closure last fall because of COVID-19. (Wolf Depner/News Staff)
Sidney theatre fills bottom line with popcorn sales

Theatre applying to return to doing our household-only private rentals

The Habitat Acquisition Trust has secured a biodiverse 23-hectare parcel of land in Highlands through a donation from Anne and Jim Ganns, who owned the property for 50 years. (Photo by Jeremy Da Silva/Courtesy Habitat Acquisition Trust)
23-hectare land donation in Highlands extends permanent habitat protection

Anne and Jim Ganns pass on property purchased 50 years ago to the Habitat Acquisition Trust

Several BC Ferries sailings are cancelled Friday morning due to adverse weather. (Black Press Media File)
UPDATED: More B.C. ferries sailings cancelled due to high winds, sea state

Adverse weather causes cancellations across several BC Ferries routes

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
B.C. reports 10 additional deaths, 395 new COVID-19 cases

The majority of new coronavirus infections were in the Fraser Health region

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Feb. 23

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Black Press Media File Photo)
POLL: Are you struggling with Greater Victoria’s cost of housing?

While Victoria remains one of the most expensive cities in the country… Continue reading

An official investigation will be launched after VPD officers were recorded posing near a dead body at Third Beach on Wednesday morning, Feb. 24. (Screen grab/Zachary Ratcliff)
VIDEO: Vancouver officers under review for allegedly laughing, taking pictures next to dead body

Two officers were caught on video by a local beachgoer Wednesday morning in Stanley Park

Kim McGregor died in the Feb. 14 hit-and-run accident in Chemainus. (Photo submitted)
Victim identified in Valentine’s Day Chemainus hit-and-run

Kim McGregor grew up in Chemainus and had recently returned to be close to his parents

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
‘Stay local’: Dr. Henry shoots down spring break travel for British Columbians

B.C. is reportedly working with other provincial governments to determine March break policies

“Our biggest challenge has been the amount of vaccine,” said FNHA acting chief medical officer Dr. Shannon McDonald. (First Nations Health Authority Facebook photo)
All First Nations on reserve to be vaccinated by end of March: First Nations Health Authority

Vaccinations continuing for B.C. First Nations amid shortages

(Delta Police Department photo)
B.C. youth calls 911 after accruing $7K in online gaming charges

‘Police spoke with the student about appropriate times to call 911’

Site C will go ahead, one year later and $5.3 billion more, the NDP announced Feb 26. (BC Hydro image)
B.C. NDP announces Site C will go ahead with new $16B budget

Reviews recommend more oversight, beefed up foundation stability work

Most Read